VZCZCXRO6355
PP RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHKL #0372/01 0620829
ZNR UUUUU ZZH
P 030829Z MAR 06
FM AMEMBASSY KUALA LUMPUR
TO RUEHC/SECSTATE WASHDC PRIORITY 6067
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUEHOO/CHINA POSTS COLLECTIVE
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASH DC

UNCLAS SECTION 01 OF 13 KUALA LUMPUR 000372 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, EAP/RSP 
 
E.O. 12958: N/A 
TAGS: PHUM KCRM KWMN SMIG KFRD ASEC PREF ELAB MY
SUBJECT: MALAYSIA SIXTH ANNUAL TRAFFICKING IN PERSONS REPORT 
 
REF: A. STATE 3836 
 
     ¶B. 05 KUALA LUMPUR 3792 
 
¶1. (SBU) SUMMARY AND INTRODUCTION:  Malaysia is a destination 
and, to a lesser extent, a transit country for men and women 
trafficked for the purposes of sexual exploitation and forced 
labor.  Women from the People's Republic of China, Indonesia, 
Thailand, Philippines and Vietnam are trafficked to Malaysia 
for commercial sexual exploitation.  Additionally, some 
economic migrants from countries in the region who work as 
domestic servants and as laborers in the construction and 
agricultural sectors face exploitative conditions in Malaysia 
that meet the definition of involuntary servitude. 
 
¶2. (SBU) There are no reliable statistics revealing the total 
number of women trafficked into Malaysia.  Foreign embassies 
and NGOs report that in 2005, at least 500 trafficking 
victims were rescued and repatriated.  During the first nine 
months of 2005, over 4,600 foreign women were arrested and 
detained for prostitution, compared with over 5,700 arrested 
during all of 2004.  According to the government-funded 
National Human Rights Commission (Suhakam), a significant 
number of these women were probable TIP victims. 
 
¶3. (SBU) The government recognizes that trafficking is a 
problem and has taken significant steps to combat it.  Senior 
officials have expressed their support for anti-TIP programs, 
including comprehensive anti-TIP legislation and TIP victim 
identification training for police and immigration officials. 
 In November 2004, the government signed an ASEAN declaration 
calling for greater regional cooperation against trafficking 
in persons.  In December 2004, the government hosted the 
signing of a Mutual Legal Assistance Treaty with eight other 
ASEAN countries to improve regional cooperation and 
prosecution of transnational criminal activities including 
trafficking.  Also in December, the women's affairs minister 
announced her intent to establish of the first shelter 
specifically for foreign women who are victims of trafficking. 
 
¶4. (SBU) Government implementation of these steps has lagged, 
however.  According to Suhakam, the government has not 
significantly improved its anti-TIP actions since late-2004. 
Malaysia lacks comprehensive anti-trafficking legislation 
that would enable officials to identify and shelter victims, 
and to prosecute traffickers under a single criminal statute. 
 The government has not taken the legal steps necessary to 
establish the government-run shelter announced by the women's 
minister.  While final statistics for 2005 are not yet 
available, convictions of traffickers under the penal code 
are down from the previous year. 
 
¶5. (SBU) The government should draft and enact a 
comprehensive trafficking law that recognizes trafficked men 
and women as victims and provides them with shelter, 
counseling and repatriation assistance.  The government 
should also systematically screen foreign prostitutes and 
illegal migrants, in order to identify and provide care for 
trafficking victims in their midst.  In addition, the 
Ministry of Women, Family and Community Development (MWFCD) 
should fulfill its December 2004 undertaking to establish one 
or more dedicated shelters for foreign trafficking victims. 
 
¶6. (SBU) The Embassy has urged the MWFCD to establish one or 
more shelters and stronger legal protections for victims of 
trafficking.  We are encouraging the ILO and other 
international NGOs to be more proactive in TIP programs in 
Malaysia and are partnering with local NGOs to expand the 
infrastructure and resources required to respond effectively 
to the needs of victims.  We have also offered to provide the 
USG's TIP victim identification expertise to police and 
immigration officials.  The response from the Malaysian 
government to these proposed initiatives has been positive 
and cooperative. 
 
¶7. (SBU) We believe that the government of Malaysia does not 
fully comply with the minimum standards for the elimination 
of trafficking.  The Malaysians have made significant efforts 
in previous years to bring themselves into compliance with 
minimum standards.  However, they have not provided evidence 
of increasing efforts to combat severe forms of trafficking 
over the previous year.  We therefore recommend that Malaysia 
be moved from Tier 2 to Tier 2 Watch List in the 2006 
Trafficking in Persons Report.  The placing of Malaysia on 
the Watch List should assist us in communicating to the 
government of this moderate, Muslim-majority democracy the 
importance with which we regard the need for it to continue 
to address its trafficking issues.  End Summary and 
Introduction. 
 
¶8. (U) Embassy's submission for the 6th Annual Trafficking in 
Persons (TIP) Report for Malaysia follows.  Responses are 
keyed to paras 21-25 of ref A.  Embassy's point of contact 
for TIP is political officer Jeffrey Hilsgen (phone: 
603-2168-4831, fax: 603-2168-5165, email: 
hilsgenjg@state.gov).  Per the request in para 20 of Reftel, 
to date the Embassy has spent the following time on the TIP 
report: FS-1: 12 hours; FS-4: 75 hours; FSN: 10 hours. 
 
¶9.  CHECKLIST (PARA 21) 
----------------------- 
 
¶A.    A. (SBU) Malaysia is a target destination for crime 
syndicates trafficking women and girls into the country for 
the sex trade.  To a much lesser extent, Malaysia is also a 
country of origin and transit.  While there are no reliable 
statistics revealing the total number of women trafficked 
into the country, estimates can be made drawing from 
different sources.  Foreign embassies and NGOs report that in 
2005, at least 500 trafficking victims were rescued and 
repatriated.  During the first nine months of 2005, 4,678 
foreign women were arrested and detained for suspected 
involvement in prostitution, compared with 5,783 arrested 
during all of 2004.  Chinese nationals accounted for the 
largest percentage of such arrests (more than 40%), followed 
by nationals of Indonesia (25%), Thailand (17%) and the 
Philippines (10%).  According to the government-funded 
National Human Rights Commission (Suhakam) and involved NGOs, 
a significant number of these women were probable TIP 
victims. 
 
(SBU) While little verifiable information exists regarding 
the number of Malaysian women trafficked to other countries, 
the GOM claims that no Malaysian women were trafficked 
outside the country in 2004 (the latest period they 
reviewed).  GOM statistics state that 20 Malaysian women were 
arrested in 2004 for immigration violations in various 
countries.  According to the GOM, none of the women claimed 
to be trafficking victims or gave any indications they had 
been trafficked.  Our conversations with local NGOs indicate 
that fewer than 100 Malaysian women are trafficked abroad 
each year, and that the number has declined in recent years. 
 
(SBU) Our sources of information on TIP in Malaysia include 
the Royal Malaysia Police (RMP), the Attorney General's 
Chambers, the Immigration Department, the Ministry of Home 
Affairs, the Ministry of Internal Security, the Ministry of 
Foreign Affairs (MFA), the Ministry of Women, Family and 
Community Development (MWFCD), the Malaysian Chinese 
Association (MCA, an ethnic-Chinese political party in the 
ruling coalition), Suhakam, several foreign diplomatic 
missions, and a number of local NGOs, including the Malaysian 
Bar Council.  These sources were forthcoming with credible 
information on TIP. 
 
¶B. (SBU) Malaysia is a destination and, to a far lesser 
extent, a transit country for men and women trafficked for 
the purposes of sexual exploitation and forced labor. 
Collectively, as many as several thousand women from the 
People's Republic of China, Indonesia, Thailand, Philippines 
and Vietnam are trafficked to Malaysia for commercial sexual 
exploitation.  Additionally, some economic migrants from 
countries in the region who work as domestic servants and as 
laborers in the construction and agricultural sectors face 
exploitative conditions in Malaysia that meet the definition 
of involuntary servitude. 
 
(SBU) A small number of Malaysians are trafficked annually to 
other countries, though recent data suggest that the number 
has decreased to negligible levels.  According to NGO 
sources, young Malaysian ethnic Chinese women are the primary 
targets of traffickers recruiting prostitutes in Malaysia. 
For religious and/or cultural reasons, trafficking of ethnic 
Malay or ethnic Indian women is infrequent.  According to 
most reports, Malaysian Chinese women are lured by word of 
mouth and by personal contacts connected to mainland Chinese 
criminal syndicates with international connections.  Promises 
of high-paying jobs and freedom from the restrictions of 
Malaysia's generally conservative society are the main 
motivating factors. 
 
(SBU) During meetings with senior USG representatives in 
2005, Malaysian government officials expressed strong support 
for combating trafficking in persons.  While the government 
views the issue of trafficking both as a stand-alone problem 
and as part of the larger challenge of border security and 
illegal migration, Malaysia does not fully comply with the 
minimum standards for the elimination of trafficking. 
According to the government funded National Human Rights 
Commission (Suhakam), the government has not significantly 
improved its anti-TIP actions since Suhakam's publication in 
January 2005 of a national plan of action to combat 
trafficking.  The government has taken steps to combat 
trafficking and has a broad array of criminal laws available 
to it to deter and punish traffickers, but Malaysia lacks 
comprehensive anti-trafficking legislation that would enable 
officials to identify victims, shelter them, and prosecute 
traffickers under a single criminal statute.  Compared to 
2004, prosecutions and convictions of traffickers under the 
penal code declined during the first nine months of 2005. 
 
(SBU) The majority of persons trafficked into Malaysia for 
sexual exploitation come from China, Indonesia and Thailand, 
with smaller numbers coming from the Philippines, Vietnam, 
India and Cambodia, Burma and Laos.  Anecdotal evidence 
indicates that numbers of victims coming from neighboring 
ASEAN countries have remained relatively constant over the 
last few years.  The number and patterns of victims coming 
from source countries tend to reflect GOM immigration and 
visa policies.  For example, China has grown as a source 
country in recent years due to a more liberal Malaysian visa 
policy that reflects growing economic ties and GOM efforts to 
encourage tourism and university enrollment from Chinese 
students.  China has become the largest and fastest-growing 
source country for prostitutes in Malaysia; many of these 
Chinese women and girls are likely TIP victims. 
 
(SBU) The Royal Malaysia Police (RMP) compiles statistics on 
arrests of foreign women with suspected involvement in 
prostitution, broken down by nationality.  The Immigration 
Department's enforcement division also collects data on 
trafficking cases.  Malaysian authorities do not adequately 
distinguish illegal migrants from trafficking victims.  Law 
enforcement officials assert that the great majority of the 
foreign women arrested for prostitution in Malaysia entered 
the country voluntarily and with valid travel documents. 
However, surveys by Suhakam and interviews with Indonesian, 
Thai and Philippine embassy officials indicate that as many 
as fifty percent of foreign women arrested for prostitution 
are possible trafficking victims.  According to the Thai 
embassy's anti-TIP officer, nearly all of the Thai women 
arrested for prostitution claim to be TIP victims during 
interviews conducted by embassy officials. 
 
(SBU) To avoid detection by law enforcement authorities, 
trafficking victims engaged in prostitution are often 
confined to the premises of their establishments, whether it 
is a place of entertainment or a privately owned apartment or 
home.  Some women are taken out under strict supervision to 
meet customers at hotels or private residences.  Trafficking 
victims are kept compliant through involuntary confinement, 
confiscation of travel documents, debt bondage, and physical 
abuse or threat of abuse, according to NGO representatives, 
academics, and foreign consuls. 
 
(SBU) In terms of prevention, in 2002 and 2003 the government 
took steps to toughen the criteria for young foreigners 
seeking student visas, to monitor individuals with student 
visas more carefully to ensure they were actually attending 
school, and to scrutinize more closely young foreign women 
entering the country on special two week "social passes."  It 
has also stepped up border detection for smuggling, illegal 
migration, and drug and people trafficking. 
 
(SBU) There is no evidence of widespread tolerance or 
complicity in TIP by government authorities, though 
accusations of more general corruption, particularly at the 
local police and immigration levels, exist.  Foreign 
diplomatic missions report good cooperation on TIP from law 
enforcement authorities at the federal level, but some NGOs 
have alleged that outside of Kuala Lumpur they have received 
less cooperation.  Several NGOs report that that police 
cooperation with NGOs and other groups against traffickers 
has improved. 
 
¶C. (SBU) Government resources are overwhelmed by the sheer 
magnitude of illegal migrants entering the country.  Analysts 
estimate that over one million illegal migrants live in 
Malaysia.  Law enforcement agencies lack adequate resources 
to deal with the influx, and criminal syndicates have been 
quick to exploit this weakness.  TIP victims are lost in the 
crowd of illegal migrants from China, Indonesia and Thailand. 
 The Indonesian embassy estimates that only a small minority 
of the 70,000 Indonesian workers in Sabah are legally 
registered with the GOM.  Immigration authorities say they do 
not have the manpower or language resources to question and 
distinguish trafficking victims from illegal migrants, or to 
properly assist them when they are identified.  The NGO 
community is small, poorly funded, and often does not have 
the capacity to provide for victims even when the police seek 
their assistance. 
 
¶D. (SBU) Suhakam in 2004 conducted a comprehensive review of 
Malaysia's response to TIP.  A 159-page report published in 
January 2005 included interviews with victims, police, 
immigration, prison authorities, ministries involved in TIP, 
the Attorney General, foreign embassies, NGOs and IOs.  The 
report called for wide-ranging measures to combat trafficking 
and a more human rights-centered approach for protecting 
victims.  The report was widely publicized in the local media 
and generated positive commentary from the public, NGOs and 
government officials.  The state-influenced media gives 
extensive coverage to law enforcement raids against brothels, 
massage parlors, and other locales where foreign women and 
their pimps have been arrested for suspected involvement in 
prostitution.  The government does not systematically publish 
detailed statistics about its arrests, prosecutions and 
convictions of pimps and traffickers.  The GOM has provided 
this and related information to the Embassy upon request. The 
government has also provided a detailed written response to 
our annual trafficking in persons report. 
 
¶10. PREVENTION (PARA 22) 
------------------------ 
 
¶A. (SBU) In 2004 the government signed the ASEAN Ministerial 
Declaration against Trafficking in Persons.  Government 
officials regularly acknowledge that Malaysia is a 
destination and transit country and assert that they are 
committed to combat TIP comprehensively.  They view 
trafficking as a problem connected to organized crime, 
prostitution, smuggling and illegal migration, and recognize 
that many young foreign women involved in prostitution in 
Malaysia are victims of TIP.  However, some also assert that 
many prostitutes working in Malaysia are here out of choice 
and that these women should be prosecuted as such and 
deported as illegal migrants.  Government officials have 
expressed concern that some women willingly involved in vice 
claim to be TIP victims when arrested.  The government 
acknowledges that it has difficulty in distinguishing TIP 
victims from foreign sex workers who entered Malaysia 
willingly, as many of these women do not speak Bahasa or 
English and choose not to file charges against their 
traffickers. 
 
¶B. (SBU) The RMP, the Immigration Department, the Ministry of 
Home Affairs, the MWFCD, the MFA, and the Attorney General's 
office are the government agencies involved in 
anti-trafficking efforts.  Suhakam, which is funded by the 
government, and the MCA, the second-largest party in the 
governing coalition, are also active in anti-TIP efforts. 
 
¶C. (SBU) MCA publishes warnings in its Chinese-language 
publications and makes public statements to caution potential 
victims about overly lucrative job offers abroad.  The MCA 
reported that the number of Chinese victims seeking 
assistance from its offices declined to 39 in 2005, compared 
with 56 in 2004 and 75 in 2003.  The government has not 
directly sponsored anti-trafficking campaigns. 
 
¶D. (SBU) The government supports some trafficking prevention 
programs.  Currently, the MWFCD operates "rehabilitation" 
homes for women and girls (under 18) who have been determined 
by the courts or their families to be at risk of engaging in 
prostitution or other vice activities. 
 
(SBU) Malaysian women comprise more than half of the 
university student population, account for 44% of the 
nation's labor force, and hold significant high-profile 
positions in government, NGOs and the private sector.  In 
2004, the Ministry of Women's Affairs and Family Development 
was merged with the Ministry for Social Welfare to create an 
expanded Ministry of Women, Family and Community Development. 
 The women's affairs minister secured passage in August 2001 
of a constitutional amendment barring sex discrimination.  In 
2004, a women NGO activist who maintains a shelter for abused 
women and TIP victims was appointed to the royal commission 
on police reform. 
 
(SBU) In 2004, Suhakam drafted a TIP national plan of action 
with support from the IOM.  Among other things, the plan 
recommended that the government fund shelters for foreign TIP 
victims that include reintegration programs.  In December 
2004, the women's affairs minister announced the cabinet's 
approval to open a shelter specifically for "foreign women 
who are victims of trafficking."  Prime Minister Abdullah 
attended the announcement, signaling his support.  The 
women's minister subsequently informed us that amendments to 
existing laws, or a new comprehensive anti-TIP law, had to be 
enacted prior to government establishment of a TIP victim 
shelter; current laws do not distinguish between TIP victims 
and illegal migrants engaged in vice activities.  In 2005, 
the MWFCD discussed launching a nationwide campaign in 
collaboration with various NGOs to increase public awareness 
on trafficking through seminars, workshops and dissemination 
of brochures.  The campaign is supposed to target youths and 
school children and serve as a capacity-building program for 
law enforcement and policy makers to heighten their awareness 
of the problem.  It has not yet been launched. 
 
¶F. (SBU) Government and NGO cooperation on trafficking is 
uneven and ad hoc, both because the government does not have 
established procedures for handling trafficking victims and 
because NGOs do not have the resources to care for more than 
a few victims at any given time.  In some cases victims are 
released into the custody of their embassies, which maintain 
limited shelter capabilities.  In other cases, police ask 
private shelters run by NGOs to accept TIP victims.  Foreign 
embassies and several NGOs report good cooperation with 
police and immigration officials in securing immigration 
passes and shelter for foreign women workers who are victims 
of trafficking or physical abuse.  Police officers have been 
designated as liaisons with the MCA's Social Services and 
Welfare office and other NGOs on cases involving trafficking 
and other victims. 
 
(SBU) Using USG funding and with the assistance of the IOM, 
local NGO Tenaganita plans to establish Malaysia's first 
dedicated shelter for foreign TIP victims in March 2006. 
Tenaganita intends to obtain the formal approval of police, 
immigration and Women's Ministry officials for the shelter, 
as it ramps up operations.  The Indonesian embassy's shelter 
in Kuala Lumpur has a capacity of 80 persons, but in 
mid-February it housed 140 individuals, including a 
15-year-old girl recently trafficked into Malaysia from 
Sumatra for sexual exploitation.  Approximately 80% of the of 
the shelter's occupants are typically TIP victims, according 
to the embassy's lead anti-TIP official.  Of that number, 
about 80% are laborers escaping exploitative conditions, with 
the remainder are persons trafficked for sexual purposes. 
 
¶G. (SBU) The Malaysian government views border control as a 
national security issue because of concerns related to 
terrorism, narcotics, public health, economic security, and 
social stability, as well as trafficking.  For all of these 
reasons, the government is making a strong effort to monitor 
the country's borders.  Malaysian passports issued in the 
country are fitted with a microchip that stores the 
biographic data and photograph of the passport holder to 
prevent forged alterations and photo substitution of lost or 
stolen passports.  As part of its crackdown on vice in 2002, 
the government instituted tougher criteria for foreigners 
seeking student visas and increased border scrutiny of young 
persons, particularly from China, entering Malaysia on 
special "social passes."  In 2005 the government began a 
large-scale program to issue immigration "smart cards" to 
permanent residents and legal workers in Malaysia.  The smart 
cards electronically store biographic data, fingerprints and 
the immigration status of the cardholder. 
 
(SBU) Malaysia's 3000-mile-long coastline creates a 
tremendous challenge for Malaysia's security forces.  In 
addition, the long, heavily forested land border that East 
Malaysia shares with the Indonesian province of Kalimantan 
cannot be patrolled adequately.  The government nonetheless 
makes a serious effort to control these borders.  Reports of 
organized criminal activity to facilitate the entry of 
illegal aliens are investigated by local law enforcement 
authorities, and in some cases suspected perpetrators have 
been detained under Malaysia's Internal Security Act (ISA), 
the Emergency Ordinance and the Restricted Residence Act, all 
of which allow for extended periods of detention without 
charge.  In January 2005, the press reported that the police 
used the ISA to detain nine persons involved in forging 
Malaysian identity cards.  Seven of the individuals worked 
for the Malaysian national registration office and the 
remaining two were members of criminal syndicates.  In both 
2003 and 2004, according to government statistics, 
approximately 4,000 foreign nationals were refused entry into 
Malaysia due to suspicion of owning fake or falsified travel 
documents. 
 
¶H. (SBU) A number of governmental interagency groups address 
TIP and related issues.  The MFA leads an interagency group 
on transnational organized crime, which meets monthly and has 
been charged with addressing the trafficking issue from a 
regional perspective.  The Home Affairs Ministry supports 
another interagency group, the Cabinet Committee on Illegal 
Immigrants, which coordinates efforts against illegal 
migration, including TIP.  Deputy Prime Minister Najib, who 
also holds in his portfolio oversight of the National Human 
Rights Commission, chairs the Cabinet Committee on Illegal 
Immigrants. 
 
(SBU) The Home Affairs Ministry also maintains a special 
interagency task force targeting vice that includes officials 
from the RMP, Immigration, and the Ministries of Home 
Affairs, Housing, Education, and Tourism.  According to NGOs, 
this task force meets occasionally, but its anti-vice 
contributions remain unclear.  An additional border security 
group, the Land Entry Points Coordinating Committee, reviews 
and improves the operational aspects of border control.  A 
similar group also coordinates efforts to improve service, 
security and efficiency of air-entry points.  In the state of 
Sabah, on Borneo, an interagency Federal Special Task Force 
focuses primarily on illegal migration, but also tries to 
prevent TIP.  The task force includes representatives from 
the RMP, Immigration, the national security arm of the Prime 
Minister's Department, and the armed forces.  A separate 
agency under the Home Affairs Ministry, the Anti-Corruption 
Agency, investigates cases of public and private corruption. 
A royal commission on police reform conducted a review of 
police practices, including allegations of police corruption 
and graft, starting in 2004, issuing 125 recommendations in 
April 2005.  In early 2006, the Prime Minister ordered the 
Attorney General to complete the legal groundwork necessary 
to create a permanent independent commission to hear 
complaints against the police. 
 
(SBU) On the international level, TIP is a component of the 
Eight Priority Areas of Cooperation under the Work Program of 
the ASEAN Plan of Action to Combat Transnational Crime.  In 
2004, Malaysia signed a joint ASEAN Declaration to Combat 
Trafficking in Persons.  The declaration called for greater 
regional counter-TIP cooperation and asked member states to 
undertake actions to respect and safeguard the dignity and 
human rights of victims of trafficking.  In 2005, Malaysia 
convened a meeting of ASEAN attorneys general to sign an 
ASEAN-wide mutual legal assistance treaty (MLAT) designed to 
combat transnational crimes, including TIP, more effectively. 
 In May 2002, Malaysia, the Philippines and Indonesia signed 
the "Agreement on Information Exchange and the establishment 
of Communication Procedures" to establish a framework for 
cooperation on border and security incidents, transnational 
crimes (including trafficking in persons), and other illegal 
activities.  Subsequently, Cambodia, Brunei and Thailand 
acceded to the agreement.  Malaysia has been an active 
participant in the "Bali Process" initiated by Australia and 
Indonesia.  In 2003, Malaysia hosted two follow-up 
legislative workshops on People Smuggling, Trafficking in 
Persons and related Transnational Crime. 
 
(SBU) Malaysia shares intelligence on trafficking syndicates 
and related dangers with the UK, Australia and Interpol.  In 
late 2002, the Sabah state government entered into an 
agreement with the government of the Indonesian province of 
East Kalimantan to cooperate on a range of shared 
cross-border challenges, including finding and arresting 
human traffickers and dismantling syndicates.  In 2004, 
Malaysia ratified the UN Convention against Transnational 
Crime; it is considering signing the supplementary protocol 
against trafficking in persons.  Malaysia is expected to 
conclude an MLAT with the U.S. in 2006. 
 
¶J. (SBU) In October 2004, Suhakam, with support from the IOM 
and the Embassy, drafted a national anti-TIP plan of action 
for consideration by the government.  In preparing the plan, 
Suhakam consulted with government agencies and NGOs involved 
with TIP, foreign embassies from source countries for TIP 
victims found in Malaysia, TIP victims and foreign experts on 
TIP such as the IOM.  The national plan of action was 
submitted to the government for consideration in November 
¶2004.  The government has not yet acted on the anti-TIP 
plan's proposals, nor has it designated a lead ministry for 
counter-TIP programs. 
 
¶11. INVESTIGATION AND PROSECUTION OF TRAFFICKERS (PARA 23) 
--------------------------------------------- ------------ 
 
A/B/C. (SBU) In 2002, the government amended the criminal 
code to include extensive anti-trafficking language. 
According to one expert on anti-trafficking legislation, it 
is now "a strong law with solid anti-trafficking provisions 
with regard to trafficking for sexual exploitation."  Using 
the provisions, police regularly raid brothels and arrest 
pimps and enforcers. However, only two such individuals were 
convicted under the penal code during the first nine months 
of 2005.  When the police lack sufficient criminal evidence 
to arrest suspected pimps and traffickers under the Penal 
Code, they often utilize the Restricted Residence Act, one of 
Malaysia's "preventive detention" laws, to incarcerate them. 
Another such law, the Emergency Ordinance, is regularly used 
against criminal syndicates that transport, harbor and 
otherwise facilitate the illegal entry of foreigners into 
Malaysia. 
 
(SBU) While Malaysia does not have a unitary law specifically 
prohibiting trafficking in persons, most of the acts involved 
in trafficking in persons as defined by the UN Protocol are 
criminal offenses, including recruitment, transportation, 
transfer, wrongful restraint, harboring, receipt of persons 
by means of threat or use of force, or other forms of 
coercion fraud, abuse of power, or forced sexual 
exploitation, slavery, or servitude.  In 2004, the government 
began to use new provisions to the 2001 Anti-Money Laundering 
Act to seize the assets of businesses involved in illicit 
activities, including trafficking.  Following is a summary of 
the legal provisions most commonly used in Malaysia against 
traffickers: 
 
-- Constitution, Articles 6(1) and 6(2): Prohibit slavery and 
forced labor. 
 
-- Penal Code, Sections 340-348: Address "wrongful 
confinement" of a person against his/her will.  Punishments 
include maximum prison terms from one to three years and a 
fine. 
 
-- Penal Code, Section 372: Amended in 2002 to include 
stronger anti-trafficking language, addresses exploitation of 
any person for purposes of prostitution.  Exploitation is 
defined to include selling, hiring, or otherwise obtaining 
possession of any person with the intention to employ or use 
the person for the purpose of prostitution (either inside or 
outside of Malaysia) or knowing or having reason to believe 
that the person will be so employed or used.  Section 372 
expands the offense of exploitation to include using false 
pretense or deceitful means to bring into or take out of 
Malaysia any person; harboring or receiving any (exploited) 
person and wrongfully restraining any person in any place. 
Wrongfully restraining is further defined as withholding 
clothing or property, threatening the person with legal 
proceedings to recover any debt or alleged debt and detaining 
a person's identity card or passport.  Punishment under this 
section of the Code includes a prison term, which may extend 
to 15 years, caning and a fine. 
 
-- Penal Code, Section 372A: Provides the same penalties as 
section 372 for anyone who lives wholly or in part on the 
earnings of the prostitution of another person. 
 
-- Penal Code, Section 373: Provides the same penalties as 
section 372 for anyone who keeps, manages or assists in the 
management of a brothel. 
 
-- Penal Code, Section 374: Addresses unlawful compulsory 
labor and includes punishment by imprisonment for a maximum 
one-year term and the possibility of a fine. 
 
-- Immigration Act, Sections 55(A) and Sections 56(1)(d): 
Covers a wide spectrum of immigration violations related to 
illegal entry or entry under false pretenses.  The Act also 
addresses "employing" and "conveying" illegal aliens.  The 
Act was amended in 2002 to toughen significantly punishments 
for immigration violators. Those convicted of illegal entry 
face a fine of up to RM 10,000 ($3,800) and/or a prison 
sentence of up to 5 years, and caning of up to a maximum of 6 
strokes.  The penalty for employing an illegal alien is a 
fine of between RM 10,000-50,000 (USD 7,900) for every 
illegal immigrant employed and/or a prison term of up to 12 
months.  An employer employing more than five illegal 
immigrants will be imprisoned from 6 months to 5 years and 
caned up to a maximum of 6 strokes.  The penalty for 
"conveying" (trafficking) illegal immigrants is a fine of RM 
10,000-50,000 for every individual trafficked.  An individual 
convicted for trafficking more than 5 illegal immigrants will 
also be imprisoned for between six months and five years, and 
caned up to a maximum of six strokes. 
 
-- Child Act (2001): Merges provisions from an array of 
diverse legislation pertaining to children and young persons 
(the Women and Girls Protection Act, the Juvenile Court Act, 
and the Child protection Act) into one law.  The Act 
specifically prohibits trafficking of children and makes it 
an offense to sell, let to hire, or procure (by threat or 
intimidation by false pretense, fraud or deceit) any child 
(defined as anyone under the age of 18) for the purpose of 
sexual exploitation. Penalties for these offenses are a 
maximum prison term of 15 years and a maximum fine of RM 
50,000 (USD 13,000).  The Child Act also authorizes the 
police to provide protection and rehabilitation for children 
in need.  A child in need is defined to include a child who 
"is being induced to perform any sexual act, or being in any 
physical or social environment which may lead to the 
performance of such act". 
 
-- Passports Act: Criminalizes the forgery or alteration of 
travel documents (including passports, residence permits and 
visas).  Also criminalizes false statements or 
misrepresentation used to gain illegal entry into Malaysia. 
Penalties range from RM 10,000-100,000 ($2,600-$26,000) fine, 
5-10 years in prison, and six strokes of a cane. 
 
-- Internal Security Act (ISA): Provides for detention up to 
two years without formal charge.  According to the Home 
Affairs Ministry, the ISA has sometimes been used against 
individuals for threatening the security of the country by 
trafficking illegal immigrants or forging travel documents or 
work permits. 
 
-- The Emergency (Public Order and Prevention of Crime) 
Ordinance: Used against persons, usually criminal syndicates 
that are involved in illicit activities (such as violent 
crime, document forgery and people smuggling), which threaten 
public order. 
 
-- Restricted Residence Act (RRA): Allows the government to 
require individuals who are suspected of engaging in criminal 
activity including trafficking to move to a pre-determined 
location in the country and remain there under close police 
supervision.   The RRA does not require a formal charge to be 
filed against the suspected individual.  According to police 
data, the RRA was used significantly more often than the 
penal code to charge and detain suspected pimps and 
traffickers during 2005. 
 
¶D. (SBU) Federal law criminalizes prostitution and bans 
pornography, and the laws are vigorously enforced. 
Malaysians tend to be conservative on sexual issues.  The 60% 
of the population that is Muslim is subject to Islamic laws 
that prohibit even "close proximity" between men and women 
who are not married to each other.  The activities of the 
prostitute, brothel owner/operator, and enforcer are all 
considered criminal offenses, though clients are not 
generally prosecuted.  The sex trade is largely underground. 
It is visible only at two extremes: in nightclubs and bars 
that cater primarily to affluent foreigners; and in poor 
neighborhoods with large migrant populations. 
 
¶E. (SBU) Following amendments to different acts in 2001 and 
2002, the government began to prosecute people involved in 
trafficking for the purposes of prostitution.  According to 
the MFA, in 2002 the first trials and convictions under the 
amended sections 372, 372A and 372B of the Penal Code began 
to work their way through the courts, with 9 trials and 7 
convictions. In 2003 there were 85 cases investigated, 31 
prosecutions and seven convictions.  According to RMP 
statistics, 28 persons were prosecuted (and two convicted) 
under Sections 372 and 373 of the Penal Code from January - 
September 2005, compared with 38 persons prosecuted (and 17 
convicted) during all of 2004. 
 
(SBU) When police lack sufficient evidence to convict a 
suspected pimp or trafficker, they use the Restricted 
Residence Act to detain the suspected individual.  The Act 
allows the government to detain a suspected trafficker 
indefinitely, without due process of law.  During the first 
nine months of 2005, 48 suspected traffickers were detained 
under the Restricted Residence Act, compared with 47 during 
all of 2004. 
 
(SBU) According to the government, it detained "about 40" 
members of regional trafficking syndicates from 2000-2004 
under the Internal Security Act (ISA).  The suspected 
traffickers used Malaysia as a transit point for trafficking 
Chinese nationals to third countries.  The government stated 
that 13 international trafficking syndicates were eliminated 
in these operations. 
 
(SBU) Government officials, NGOs and legal analysts 
acknowledge that prosecution of trafficking perpetrators is 
complicated by the difficulty in producing credible evidence 
and by the lack of victim cooperation.  Evidentiary barriers, 
the prosecution's burden of proof beyond a reasonable doubt, 
and pressure to produce convictions in a backlogged criminal 
justice system all work against effective prosecution of 
trafficking cases.  Given these problems, the government has 
employed the ISA, the Emergency Ordinance and the Restricted 
Residence Act to detain or restrict the activities of people 
suspected of trafficking and alien smuggling activity. 
 
¶F. (SBU) The RMP reports that a number of large organized 
criminal syndicates, as well as a few smaller groups, traffic 
foreign women into Malaysia, using Malaysia either as the 
women's final destination or as a transit point to a third 
country.  In 2005, there were numerous reports of 
prostitution rings broken up by police and syndicate members 
arrested for involvement in prostitution.  Employment 
agencies are sometimes used as fronts for people smuggling 
and trafficking in persons.  Sex tourism is not widespread in 
Malaysia, nor are there reports of marriage brokers fronting 
for traffickers. 
 
¶G. (SBU) As noted in para 8E above, the Malaysian government 
is actively investigating cases of trafficking.  Police 
efforts to break criminal syndicates are complicated by 
layers of middlemen, some of whom reside outside Malaysia. 
Often trafficking victims, both Malaysians who have gone 
abroad and foreigners brought to Malaysia, may only know one 
middleman, who is probably using a false identity.  In 
investigating cases of trafficking, police investigators 
attempt to question repatriated Malaysian victims as soon as 
they return, but the victims usually cannot or will not 
provide enough information for further investigation. 
 
¶H. (SBU) The government lacks the expertise to provide law 
enforcement officers with specialized training on how to 
investigate incidences of trafficking.  It continues to take 
full advantage, however, of TIP training for law enforcement 
officers and prosecutors at ILEA Bangkok, as well as 
bilateral training on domestic violence sponsored by the USG 
in Malaysia. Police, prison and immigration officials also 
lack TIP victim identification expertise.  In 2005, senior 
police and immigration officials asked for USG-sponsored TIP 
victim identification training.  The Embassy continues to 
seek funding and provision of such training for GOM law 
enforcement officials. 
 
¶I. (SBU) The RMP cooperates with law enforcement agencies in 
neighboring countries whenever cross-border criminal 
incidents are being investigated.  In May 2002, Malaysia, 
Indonesia and the Philippines signed an agreement to 
facilitate cooperation in addressing border and security 
incidents, as well as transnational criminal activities that 
include human trafficking.  In late 2002, the Sabah state 
government entered into a formal agreement with the 
government of the Indonesian province of East Kalimantan to 
cooperate on a range of issues, including combating TIP and 
investigating trafficking syndicates.  Malaysia actively 
participated in the Bali Process and has hosted two 
legislation workshops related to it.  In early 2005, though a 
joint operation by the RMP and the British National Crime 
Squad, a Malaysian "snakehead" was arrested, tried and 
convicted of smuggling illegal Malaysian workers into the UK. 
 In April and October 2005, the RMP closely cooperated with 
an international NGO to raid several brothels in Johor, 
arrest one internationally active trafficker and rescue 
dozens of (primarily Thai) women.  Thai police from Songkla 
visited Kuala Lumpur in February to conduct a joint 
cross-border TIP investigation with local police. 
Representatives from NGOs, as well as the Indonesian, Thai 
and Philippine embassies in Kuala Lumpur, characterize their 
cooperation with police as good.  NGO and embassy officials 
emphasize the timely responses from police to tips about the 
locations of possible TIP victims. 
 
¶J. (SBU) There have been no reports of extraditing persons 
charged with trafficking.  Section 108A of the Penal Code 
allows Malaysian authorities to prosecute a Malaysian who 
commits or abets a crime in another country that would be 
deemed an offense under the Penal Code.  Malaysia is a party 
to the ASEAN Mutual Legal Assistance Treaty, which is 
designed to facilitate and expedite regional cooperation in 
fighting transnational crime.  Malaysian law does not 
prohibit extradition of Malaysian nationals. 
 
¶K. (SBU) There have been no proven cases of tolerance or 
complicity in TIP by government authorities.  Pockets of 
general corruption, particularly at the local police and 
immigration levels, exist. 
 
¶L. (SBU) Although some low-level police and immigration 
officials likely receive bribes from brothel owners, pimps 
and traffickers, we are aware of no allegations that police 
officers or other government officials have engaged in 
trafficking. 
 
(SBU) Most analysts assume that some trafficking-related 
corruption exists among law enforcement and immigration 
ranks, since some TIP victims have been known to pass through 
two or more ports of entry without travel documents.  In 
April 2005, a government-sponsored independent police 
commission noted a rising incidence of police corruption. 
Included among the appointed commissioners were women 
activists active in the fight against TIP.  The commission 
reported that disciplinary actions were initiated against 
1,216 police personnel for corruption and other offenses 
during 2004, compared with 1,138 in 2003.  Police offenses 
noted in the report included accepting bribes, theft, and 
rape; punishments included suspension, demotion and 
dismissal.  The number of these officers involved in 
facilitating trafficking was not available.  As noted above, 
the Prime Minister recently ordered the Attorney General to 
complete the legal groundwork necessary to create a permanent 
independent commission to hear complaints against the police. 
 If ultimately established, this commission could provide an 
effective venue for investigations into allegations of police 
complicity in trafficking. 
 
¶M. (SBU) Malaysia does not have an identified child sex 
tourism problem, although the Indonesian, Thai and Philippine 
embassies occasionally report interviewing victims under 18 
years of age what have been trafficked for sexual 
exploitation. 
 
¶N. (SBU) Malaysia signed and ratified ILO Convention 29 in 
1957, ILO Convention 105 in 1958 (but renounced it in 1990), 
ILO Convention 182 in September 2000, and the UN Convention 
on the Rights of the Child in September 1995.  Malaysia 
signed the UN Convention against Transnational Organized 
Crime in September 2002 and ratified it in 2004.  The 
government has not signed the supplemental Protocol on the 
Sale of Children, or the Protocol to Prevent, Suppress, and 
Punish Trafficking in Persons, Especially Women. 
 
¶12. PROTECTION AND ASSISTANCE TO VICTIMS (PARA 24) 
--------------------------------------------- ----- 
 
¶A. (SBU) The government provides no shelter facilities 
dedicated exclusively to TIP victims, as these individuals 
are not recognized as victims under Malaysian law.  Until 
Malaysia amends its existing laws or enacts comprehensive 
anti-TIP legislation, TIP victims will be routinely processed 
as illegal migrants and held in the country's prisons or 
illegal migrant detention facilities, prior to deportation. 
According to the RMP and foreign consuls, trafficking victims 
identified by the police are released on an ad hoc basis into 
the custody of a consular official and sent to a women's 
shelter instead of being kept in police lock-up.   The 
Indonesian, Thai and Philippine embassies report that in 
2005, RMP officers brought in many of the over 500 victims 
assisted by the embassies' respective shelter programs during 
the year. 
 
(SBU) As of February 2006, the Indonesian embassy's shelter 
held 140 individuals, approximately 80% of whom were deemed 
TIP victims by embassy officials.  Women's shelters run by 
other foreign embassies temporarily housed an additional 
30-40 TIP victims per year.  NGOs and police report that NGOs 
currently do not have the capacity to shelter more than 25-50 
victims nationally, leaving the police few alternatives to 
housing victims in detention facilities.  Owing to language 
barriers and limited police training, foreign trafficking 
victims are usually not recognized as victims and are treated 
as immigration offenders.  HIV/AIDS screening is usually 
provided for individuals arrested for prostitution and for 
others who are identified as trafficking victims rather than 
illegal migrants.  When trafficking victims are identified as 
victims prior to detention, they may be sent to a hospital 
for examination and released to their embassies for 
repatriation. 
 
¶B. (SBU) Although NGOs do not receive government funding 
specifically to provide services to trafficking victims, the 
government provides general funding to 75 NGOs dedicated to 
women's welfare.  These NGOs provide shelter for victims of 
rape and domestic violence, counseling, legal referrals, and 
job skills training.  Three foreign embassies maintain 
shelters in Kuala Lumpur for citizens who have no place to 
take refuge.  The Thai embassy's shelter is small and held no 
individuals as of February 2006, while the Indonesian 
embassy's shelter is by far the largest, with a (typically 
exceeded) capacity of 80.  Many using the shelters are 
trafficking victims. 
 
The MWFCD has introduced "women's centers" in each state for 
impoverished, abused and otherwise vulnerable women who may 
need shelter, counseling, and job skills training.  The 
ministry currently operates five such shelters.  The ministry 
stated in 2005 that one of these shelters could be quickly 
converted to house trafficking victims who need assistance, 
once Malaysian law allows the GOM to handle TIP victims as 
such. 
 
¶C. (SBU) The government has not yet implemented a formal 
screening process to identify TIP victims and treat them 
accordingly.  A Suhakam-designed TIP victim identification 
questionnaire was used briefly on a trial basis in 2005 at 
the Kajang women's prison.  Both Suhakam and the prison's 
director told us recently that it is no longer used, as 
Malaysian law does not allow special treatment for detained 
TIP victims. 
 
¶D. (SBU) Foreign TIP victims are often not recognized as 
victims and, if they are holding false travel documents or 
have been arrested for prostitution, are usually detained and 
deported.  Illegal migrants (including some victims) who are 
caught by the Malaysian authorities without valid travel 
documents are held for a few days in police custody before 
being sent to immigration detention centers or prisons 
pending deportation.  The period of detention varies widely, 
from a few days to several months.  According to foreign 
consular representatives, the usual sentence is one or two 
months' imprisonment and a fine, followed by deportation. 
 
 
¶E. (SBU) The Malaysian government encourages victims to 
assist in the investigation and prosecution of trafficking, 
but reports that most victims are unwilling to testify or do 
not have sufficient information to assist in a prosecution. 
A trafficking victim may file a civil suit against a 
trafficker under Malaysian law, and there have been many 
cases of migrant workers filing such suits in cases where 
they were not paid the salary they were promised or put to 
work in abusive conditions that were contrary to their 
contracts.  While there is no specific impediment to the 
victims' access to such legal redress, they are usually not 
able to obtain employment while the court considers their 
case, and so for economic reasons this type of action in not 
usually pursued.  We are not aware of any victim restitution 
program. 
 
¶F. (SBU) Some foreign victims have access to legal counsel 
through the Legal Aid Center of the Malaysian Bar Council. 
Police say that most victims are unwilling or unable to 
provide enough information for criminal prosecution of the 
trafficker, and many simply want to return to their home 
country as soon as possible.  One NGO reported that pimps and 
traffickers are often present in the courtroom during court 
proceedings to intimidate the victims, while another NGO 
reported in October that police allowed a trafficker to visit 
ten Thai trafficking victims in detention.  The Malaysian 
government does not have a witness protection program in 
place for any prosecution witnesses.  The Abduction and 
Criminal Intimidation of Witnesses Act of 1947 criminalizes 
the abduction of any person for the purpose of preventing 
their testimony and thereby obstructing justice.  The police 
and Attorney General have advised that this is rarely used in 
trafficking cases.  The courts have begun to experiment with 
video conferencing and videotaped depositions to provide 
protection to victims who are afraid to testify in court.  As 
of February 2006, the necessary equipment was installed in 
several locations, but the program had not yet been initiated. 
 
(SBU) According to an Indonesian embassy official, many 
Indonesian plantation workers in Sabah are detained on the 
plantations and forced to work for less than $3 (i.e. RM8-10) 
per day.  Under Malaysian law, victims of these forms of 
trafficking are entitled to seek compensation through the 
legal system and are eligible to remain in Malaysia while 
their legal suit is pending.  In general, Malaysian courts 
have ruled in favor of the victims and in some cases imposed 
harsh prison sentences on the employer.  However, such 
labor-related lawsuits may take months or even years to be 
adjudicated.  Meanwhile, the victim is not allowed by the GOM 
to work and is typically left with insufficient means of 
financial self-support; they therefore often leave the 
country, rather than see their case through to completion. 
 
¶G. (SBU) The government does not currently provide special 
training for officials on how to identify or assist 
trafficking victims.  Senior police and immigration officials 
have acknowledged that additional training and expertise are 
needed to improve identification and handling of trafficking 
victims.  Police and immigration officials have asked the USG 
to provide additional such training to improve their anti-TIP 
capability, and we have requested funding for the training 
(ref B).  Outside of citizen services and repatriation 
training, Malaysian embassy and consulate staff abroad do not 
receive specialized training on how to assist trafficking 
victims.  Malaysian police, immigration officials and public 
prosecutors have received training at ILEA on trafficking in 
persons, as well as USG-funded bilateral training on domestic 
violence. 
 
¶H. (SBU) Repatriated Malaysian victims who do not have the 
support of family or friends are referred to the MWFCD for 
public assistance.  Private groups, such as the MCA's welfare 
wing, also offer services to repatriated victims. 
 
¶I. (SBU) MCA, the Bar Council, Tenaganita, Women's Aide 
Organization (WAO), and the International Federation of Women 
Lawyers (IFWL) are the Malaysian NGOs most active in working 
with trafficking victims.  In 2004, the IOM provided 
Assistance to Suhakam to draft a national plan of action to 
combat TIP.  In 2005, the IOM and Tenaganita submitted a 
project proposal to the Embassy to shelter, repatriate and 
reintegrate TIP victims. Following funding approval, the IOM 
and Tenaganita signed a MOU regarding establishment of the 
shelter, and it is scheduled to commence operations in March 
¶2006.  Two NGOs maintain shelters that are available to 
foreign trafficking victims.  One of the shelters provides 
in-house counseling, medical referrals to clinics and legal 
referrals to the Bar Council's Legal Aid Center.  The shelter 
also works with foreign missions to arrange for translators 
and to facilitate repatriation for women trafficked to 
Malaysia.  Other women's shelters in the country provide 
refuge, but have few additional resources for the special 
needs of trafficking victims.  NGO relations with local 
authorities vary.  Some frequently receive cooperation from 
law enforcement officials, but others experience greater 
difficulty.  The MCA, WAO and Tenaganita provide a full range 
of services, including counseling, shelter, and repatriation 
assistance.  The Bar Council and IFWL provide legal 
assistance.  Foreign embassies and local NGOs report that 
cooperation with the federal police in Kuala Lumpur has 
generally been good.  Outside of Kuala Lumpur, with other 
agencies such as Immigration, cooperation is less consistent. 
 
¶13. HEROES (PARA 22) 
-------------------- 
 
(SBU) For the 2006 Trafficking in Persons Report the Embassy 
nominates Irene Fernandez, President of local NGO Tenaganita, 
for honor as an individual who has demonstrated an 
exceptional commitment to fighting TIP.  Over the past 
several years, her work on behalf of both mistreated migrant 
workers and sexual trafficking victims in Malaysia has 
garnered her worldwide respect and support.  Fernandez was 
arrested in March 1996 for publishing a report about detainee 
abuse and very poor sanitation conditions in the country's 
illegal migrant detention centers.  Found guilty in October 
2003 and sentenced to one year in jail, she appealed her 
case.  Hers has become the longest-running court case in 
Malaysian history.  In May 2005, her NGO Tenaganita published 
a video entitled "Breaking Labor" that included the tragic 
stories of several foreign victims of labor trafficking and 
abuse in Malaysia.  During 2005, Tenaganita facilitated legal 
assistance and shelter for sexual trafficking victims.  In 
December 2005, Fernandez traveled to Stockholm to accept the 
Right Livelihood Award, commonly known as the "Alternative 
Nobel Prize."  And as of February 2006, in cooperation with 
the IOM and with USG funding, Tenaganita was poised to 
establish Malaysia's first dedicated TIP victim shelter and 
repatriate TIP victims to their home countries. Tenaganita 
has become the largest and most effective anti-TIP NGO in 
Malaysia, and this status is largely due to Fernandez' 
efforts.  She has demonstrated considerable vision, courage 
and leadership in the face of the Malaysian government 
lawsuit.  Her efforts have directly benefited hundreds of TIP 
victims, as well as influenced the GOM to improve its 
anti-TIP attitudes and actions. 
LAFLEUR